[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 868 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 868

   To amend title XVIII and title XIX of the Social Security Act to 
prohibit expenditures under the Medicare program and Federal financial 
    participation under the Medicaid program for assisted suicide, 
         euthanasia, or mercy killing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 1997

   Mr. Camp introduced the following bill; which was referred to the 
 Committee on Commerce, and in addition to the Committees on Ways and 
Means, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII and title XIX of the Social Security Act to 
prohibit expenditures under the Medicare program and Federal financial 
    participation under the Medicaid program for assisted suicide, 
         euthanasia, or mercy killing, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrity in Medical Funding Act of 
1997''.

SEC. 2. RESTRICTING TREATMENT OF ASSISTED SUICIDE OR RELATED 
              EXPENDITURES UNDER MEDICARE.

    (a) Prohibition of Expenditures.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) where such expenses are for items or services, or to 
        assist in the purchase, in whole or in part, of health benefit 
        coverage that includes items or services, for the purpose of 
        causing, or assisting in causing, the death, suicide, 
        euthanasia, or mercy killing of a person.''.
    (b) Treatment of Advance Directives.--Section 1866(f) of such Act 
(42 U.S.C. 1395cc(f)) is amended by adding at the end the following new 
paragraph:
    ``(4) Nothing in this subsection shall be construed to require any 
provider of services or prepaid or eligible organization, or any 
employee of such a provider or organization, to inform or counsel any 
individual regarding any service which intentionally causes the death 
of any individual, such as assisted suicide, euthanasia, or mercy 
killing.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after the date of the 
enactment of this Act.

SEC. 3. PROHIBITION OF FEDERAL FINANCIAL PARTICIPATION UNDER MEDICAID 
              FOR ASSISTED SUICIDE OR RELATED EXPENDITURES.

    (a) In General.--Section 1903(i) of the Social Security Act (42 
U.S.C. 1396b(i)) is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) with respect to any amount expended for items or 
        services, or to assist in the purchase, in whole or in part, of 
        health benefit coverage that includes items or services, for 
        the purpose of causing, or assisting in causing, the death, 
        suicide, euthanasia, or mercy killing of a person.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to medical assistance furnished during quarters 
beginning on or after the date of the enactment of this Act.

SEC. 4. PREEMPTION OF LIMITS ON MALPRACTICE AWARDS ARISING FROM 
              INTENTIONALLY CAUSING THE DEATH OF ANY INDIVIDUAL.

    (a) In General.--No provision of State or Federal law shall apply 
that limits the amount of damages which may be awarded under a health 
care liability action if the injury which is the subject of the action 
arises from the provision of any medical item or service for the 
purpose of causing the death of any individual, or from the failure to 
provide any medical item or service to an individual against the 
direction of the individual or the individual's agent or surrogate for 
the purpose of causing the death of the individual.
    (b) Health Care Liability Action Defined.--The term ``health care 
liability action'' means a civil action brought in a State or Federal 
court against a health care provider, an entity which is obligated to 
provide or pay for health benefits under any health benefit plan 
(including any person or entity acting under a contract or arrangement 
to provide or administer any health benefit), or the manufacturer, 
distributor, supplier, marketer, promoter, or seller of a medical 
product, in which the claimant alleges a claim (including third party 
claims, cross claims, counter claims, or distribution claims) based 
upon the provision of (or the failure to provide or pay for) health 
care services or the use of a medical product, regardless of the theory 
of liability on which the claim is based or the number of plaintiffs, 
defendants, or causes of action.
    (c) Effective Date.--This section shall apply with respect to any 
health care liability action which is initiated on or after the date of 
the enactment of this Act.
                                 <all>